Orders in the context of access regulation

(1) Where an access agreement under section 23 or 28 is not concluded, in whole or in part, and the conditions required under this Act for an obligation to grant access are satisfied, the Federal Network Agency, after hearing the parties involved, orders the access. The order is issued within ten weeks of a written or electronic referral by a party to the access agreement to be concluded, or of the commencement of proceedings of its own motion, where this is necessary to achieve the objectives of section 2. In cases requiring special justification, the Federal Network Agency may, within the period under the second sentence, extend the procedure to up to four months.
(2) An order under subsection (1) is permissible only insofar and for as long as the parties involved do not conclude an access or interconnection agreement.
(3) The referral under subsection (1), second sentence, must be reasoned. In particular, it must set out 1. the precise content the Federal Network Agency's order is intended to have; 2. when access was requested, and which specific services were requested; 3. that serious negotiations took place, or that negotiations were refused by the party against whom the referral is directed; 4. on which points no agreement was reached; and 5. how the technical measures sought are technically feasible. The referral may be withdrawn until the order is issued.
(4) An order under subsection (1) may cover all terms of an access agreement, as well as the charges. The Federal Network Agency may attach conditions to the order, including contractual penalties, relating to equal opportunity, equity, and timeliness. The provisions of Division 3 apply to the regulation of charges.
(5) Where both the terms of an access agreement and the charges payable for the services requested are in dispute, the Federal Network Agency should issue separate partial decisions on the terms and on the charges respectively. Where the Federal Network Agency issues partial decisions, the time limits referred to in subsection (1) apply to each of them. The Federal Network Agency's order may be challenged only in its entirety.
(6) Documents submitted in the course of the proceedings are taken into account only where doing so does not jeopardise compliance with the time limit set out in subsection (1), second sentence.
(7) The undertakings concerned must comply without delay with an order of the Federal Network Agency under subsection (1), unless the Federal Network Agency has set a period for implementation in the order. To enforce the order, the Federal Network Agency may, in accordance with the Administrative Enforcement Act, impose a coercive fine of up to one million euros.